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VALUABLE INFO TO KNOW IF YOU ARE JOINING A FITNESS CLUB
Valuable information that many fitness clubs don’t want you to know!!!
Joining a Gym or Fitness Club
Are you thinking of joining a gym, fitness or diet club, or taking dance lessons or tae kwon do classes?
Under the Consumer Protection Act, 2002 (CPA), membership contracts with these kinds of businesses are called “personal development services agreements.” The CPA offers protection for consumers who sign personal development services agreements costing more than $50.
The following information is focused on gyms and fitness clubs. However, it will give you an idea of your consumer rights when joining any type of facility-based, pre-paid club. Your Rights when Joining a Gym
You have the right to a 10-day cooling-off period.
Under the Consumer Protection Act, 2002 (CPA) you have the right to cancel a membership within 10 days of receiving a written copy of the agreement or the day all the services in the agreement are available, whichever is later. You don’t need a reason to cancel. All you need to do is to provide notice to the supplier.
You may use the facility during the 10-day cancellation period.
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You may give a notice to cancel a membership in several ways.
It’s always best to cancel in writing. You can hand deliver your cancellation (make sure to get a signature on a delivery receipt and keep it) or send it by registered mail. Registered mail may be the best option, as it confirms delivery. We don’t recommend cancelling by phone. Also, make sure you keep a copy of your cancellation for your records.
The total amount for initiation fees cannot be more than twice the total annual membership fee.
The club must give you the option of paying your membership and any initiation fees in monthly instalments.
It can charge up to 25 per cent more than the total would be if payment were made upfront – but there’s no danger of a big loss if the club goes bankrupt.
Club owners may pre-sell memberships before a club is open, but your money must be held by a registered trust corporation that acts as a trustee.
The CPA offers special protection for consumers who join a club that has not yet opened if the consumer is not using another club in the interim. If you agree in writing to use another club, you have only 10 days from the start of those services at that club to cancel your contract. Contracts cannot include sections that ask you to give up your basic consumer rights.
For example, a contract can’t say it cancels out the 10-day cooling off period.
All contracts must end after one year.
Contracts may be renewed only if the gym follows certain rules, including:
•Providing you with a notice at least 30 days, but not more than 90 days before the contract expires, that the contract will be renewed.
•Providing you with a copy of the agreement that clearly notes any and all changes the gym has made to the agreement.
If your membership is renewed without notice, it is not a valid contract. You may send a letter of cancellation to the gym.
You can also demand them to return any money paid after the original contract ended.
If you received a renewal notice and did not respond to it, the club has the right to renew and bill you under the renewed contract.
You have the right to cancel your membership contract within one year if it does not disclose certain information.
Your contract should include:
•Your full name, the club’s name and address
•A full description of the services you are purchasing
•Conditions of cancellation and renewal
•The total amount that you will pay, the number and amount of payments you will need to make and any additional charges
•The start-up date for each service that is part of the contract
•The dates when the agreement begins and ends. You have the right to cancel within one year if you can show you have been the victim of unfair business practices.
Consider filing a complaint.
Under law, there’s a minimum warranty on the quality of services.
In short, the services must be of a reasonably acceptable quality. If they aren’t, you should consider writing a complaint letter to the business or filing a complaint with us.
Tips for Joining a Gym
Shop around and do your research. Compare prices and services and read reviews.
Ask a gym for a trial pass. Sit in on classes you would be interested in taking and ask club members what their experience has been.
Make sure the instructors and personal trainers are qualified. Ask for credentials and recommendations.
Take a thorough tour of the gym and make sure it’s clean. Dirty facilities may be an early sign that the gym is in financial trouble.
Be wary if a lot of equipment is out of order. Ask how long something has been out of service. If it’s been over two months, consider going to another gym.
Make sure the club hours of operations suits your schedule. Visit at the time of day you’d want to attend. Classes shouldn’t be so full there’s no room to move, or so empty they may be cancelled.
Try out the gym during the 10-day cooling-off period.
If you are interested in a fitness test, book it well before the 10-day cooling-off period ends.
Be wary of pressure tactics trying to convince you that you absolutely “need” a personal trainer.
Read the fine print in the contract and make sure it meets your consumer rights.
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